Visa....under New rules or Old rules

[eahjay]

hello guys, i'm back again with another question. i applied my spouse visa in manila feb. 2012 and they denied my visa application. so i appealed and luckily received my spouse visa november 2012 and arrived in uk also in november 2012. a friend told me that i'm still under new rules coz' i received my visa november2012.i'm a bit confused now. am i under old rules or new rules? thanks guys for the never ending help and advice...

[joebloggs]

unless it's changed..


Those granted leave following an appeal allowed on or after 9 July 2012 against a
refusal under the rules in force prior to that date will get leave under those rules.
They will continue to be dealt with under those rules through to indefinite leave to
remain if they qualify for it, subject to the requirement from October 2013 to pass the
Life in the UK test and present an English language speaking and listening
qualification at B1 level or above to qualify for settlement. The new criminality
thresholds will also apply to such cases.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/257359/soi-fam-mig.pdf

[Arthur Little]

unless it's changed..

.................... :yeahthat: [as Joe has quoted in #2 above] is how I :ReadIt:!

After all ... :anerikke: ... it was their error(s) of judgement that had led to your visa being denied initially - NOT yours!

[Terpe]

Looks like ILR eligibility this year then eahjay :Jump:

What date did you arrive to UK on your spouse visa?
When does you visa expire?

[eahjay]

thanks joe:smile:

[eahjay]

thanks arthur and terpe. i arrived in uk nov.21,2012. my visa is valid from 05/11/12 until 05/02/15.

[Terpe]

thanks arthur and terpe. i arrived in uk nov.21,2012. my visa is valid from 05/11/12 until 05/02/15.

Good, that exactly follows the standard 27 months validity for Spouse visa issued under old rules.

The qualifying period for ILR is 24 months living in UK
You may apply 28 days before the end of that qualifying period.
In your case 28 days from 21 November 2014
So the earliest date that your ILR application is allowed to be submitted is Friday 24 October 2014
The latest is visa expiry date.

Don't forget that before applying for ILR you'll need to have a pass certificate for the Life in UK test.

You'll also need to submit a pass certificate for English Language at B1 level. If you already achieved this level prior to arriving into UK you may submit this existing certificate even if the validity has expired. Otherwise it does mean securing an English Language B1 cretificate.

I'd strongly suggest you start to review the requirements for ILR so that you can begin
preparations for some of the other documentations that are required.

Here's an example of the ILR form that you can download (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/300440/SET_M__04-14.pdf)

Here's the ILR guidance (http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/settlement/guidesetm0420091.pdf)

:xxgrinning--00xx3: